Moody Law

Woman Seriously Injured in I-95 Collision - Driver Dead

Apr 16, 2010 @ 08:13 AM — by Moody Law | Personal Injury Attorneys
Tagged with: Phantom Vehicle Liability To Passengers

Volusia County, Florida.  Farogat Azizova, 51, of Melbourne, Florida lost control of her Mazda Sport Utility Vehicle and died on Interstate 95.  FHP reports indicated that Azizova was going north on I-95 at approximately 5:44 p.m. when she lost control.  It is unclearly why Azizova lost control of the Mazda.  She drove off the road and into the grass shoulder and then struck the tree line in the median.  Azizova was wearing her seatbelt.  Azizova had a passenger, Svetlana Spiegelhalter, 58, of Melbourne, Florida, who is listed in serious condition.  Spiegelhalter was wearing her seatbelt.

Oftentimes there is liability in a one car accident.  Sometimes another vehicle on the roadway that does not stop causes a driver to lose control.  Because that other driver does not stop after causing the crash, that other vehicle is sometimes called a phantom vehicle.  While you cannot claim damages against a phantom vehicle, the actions of a phantom vehicle can be the source of liability against your own uninsured motorist (UM) insurance carrier.  Without a phantom vehicle, you are very unlikely to be able to reach your UM policy because UM requires the actions of another person as a threshold to recovery.  Alternatively, passengers regularly sue drivers for negligence.  In this instance, it appears that the passenger may have a claim against the driver.  In the event that no probate is opened to bring a claim against, the passenger has a right to force open a probate as a creditor and then make a claim against the estate.  If you or a loved one has been injured or killed in a car accident in the greater Central Florida area, including Lakeland, Winter Haven, Bartow, Haines City, Davenport, or Polk County, Florida, please contact a personal injury attorney with Moody Law today for a free consultation.